Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1887-03-11
THE SUPREME COURT.

The First Days Work After the Recess
WASHINGTON, NJ arch THE supreme
court reassembled to-day after the Feb
ruary recess. All the justices were in
their seats except Justice Woods, who is
still in California. Decisions were rem
dered in % cases of which the following
are those of most importauce; No. 80,
executors of Elias Speidel, deceased,
against trustees of Harmony Society, of
Beaver county, Pa, appeal from the us.
circuit colrt for the western district
of Pennsylvania. This was suit brought
by former member of the Harmony
community to recover what he claimed
as his individual share in the community's
property. The appellant maintains his
suit against the trustees upon the ground
that the trust is not charity in a legal
sense; that the members of the society
are equitable tenants in common of the
property held in trust, and that the trust
is unlawful because founded in fraud and
against public policy and should therefore
be dissolved by this court without con-
sidering the questions thus raised as to
the nature of the community and of the
trust. The court decides that inasma ach as
Speid withdrew from the community in
ashland never returned to it and for more
than so years took no steps to obtain an
account from the trustees or
to assert his alleged rights
he is not now entitled to
relief. If he ever had any rights he
could not assert them after such delay.
Decree of Circuit Court is affirmed
The Air Insurance case. Accident
insurance Company of North Amer
lea plaintiff. in error, against Loretta M.
Crandall, in error, to U. S. Circuit Court
for the district of Illinois. This suit
is upon policy Of accident insurance and
presents question as to whether
the policy of insurance against bodily
in uries effected through external, &C
cidental and violent means, and occasion
ing death, or complete disability to do
business and providing that this insurance
shall not extend to death or disability
which may have been caused wholly
or in part by bodily injury or diseases, or
by taking of poison or by suicide or self
inflicted injuries, covers death by hang
ing ones self while insane. This court
holds that the question is to agreat extent
determined by previous decisions as
to the liability of the policy of life
insurance which provides that it
shall be null and void if assured
shall die by suicide or shall die by his
own hand. This court has repeatedly
and uniformly held that such provision
not containing the words sane or insane
does not include self killing by an insane
person. There is no doubt in the present
state of law that CrandalI did not die by
suicide within the meaning of this policy
and th6 same reasons are conclusive
against holding that he died by self-iu-
iicted injuries. If self killing, suicide,
dying by his own hand, cannot be pre-
dicted' of an insane person no more can
self-infiicted injuries for in either case
it is not his act; not the act
of himself. Nor does the case
come within the clause which provides
that insurance shall not extend to the
death or disability which may have been
caused wholly or in part by bodily in
firmities or disease. The words bodily
infirmities or disease do not include in
sanity. Upon the question raised as to
the effect of the leading sentence of the
policy insuring Mr.. Crandall against
bodily injuries effected through external
accidental and violent means, the court
holds that the sentence docs not speak of
what the injury is caused by
but only looks to the means
by which it is effected. No one doubts
As it effects from without it is external,
and according to the decision as to
suicide under the policies of insurance, it
cannot, when done by an insane person,
be held to be other than accidental. The
judgment of the circuit court in favor of
this plaintiff was corr ,ct.
RAILROAD CASE.
The Chicago Burlington d Kan
sas City company Plaintiff in
Error against the State of Missouri, Ex-
rel John F. Guffey, collector,-Jn Error,
to the Supreme Court of Missouri. Jndg
ment appealed from this case affirmed
the liability to taxation in Missouri for
state and county purposes of what was
properly known as the Central North
Missouri branch of the St. Joseph d Iowa
R. R., more recently named the Linneus
branch of the Burlington d Southwestern
railroad company and now owned By the
Chicago, Burlington d Kansas City rail
road company. The latter company
claims to have succeeded 20 all rights,
privileges and immunities granted to the
st. Joseph & Iowa railroad company in
its charter of 1857, among which was an
exemption of its stock from taxation for
state and county purposes. In the
opinion of this court it is not
clear that exemption from taxa
ton given by such charters
as that granted to the st. Joseph 4 Iowa
R. r. company, shoold be extended to the
branch roads constructed under the act of
1868, as that statute does not in the term.
grant immunity from taxation, and IS the
| system established By ii is complete in
itself without reference to other legisia-
tive enactments, the present claim TO ex-
1 emption must be denied, for i. is az es
I tablished doctrine of this court than an
/ immunity from taxation by the state will
/ not be recognized unles. granted in terms
/ too plain to be mistaken. The judgment
/ of the supreme court of Missouri is af-
/ frmed.
/ Job Printers Declare the Strike OF and Will
Return
MILWAUKEE, March 1T was decided